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78096 Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations the Mid-Loth Century

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78096 Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations the Mid-Loth Century 78096 Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations the mid-loth century. "Dornfelder" was Imports, Labeling, Packaging and 927-8210), Bureau of Alcohol, Tobacco approved as a varietal name under containers, and Wine. and Firearms, 650 Massachusetts German wine regulations in 1980. Avenue, NW., Washington, DC 20226. Authority and Issuance In the United States, the breeders SUPPLEMENTARY INFORMATION: have obtained plant variety protection Accordingly, 27 CFR part 4, Labeling through the Plant Variety Protection and Advertising of Wine, is amended as Background Act, 7 U.S.C. Chapter 57, until 2009. follows: On August 23, 1978, ATF published The petitioners planted 600 vines of this Paragraph 1. The authority citation Treasury Decision ATF-53 (43 FR variety in 1997, which will bear a for part 4 continues to read as follows: 37672, 54624) revising regulations in 27 commercial crop in 2000. In addition, Authority: 27 U.S.C. 205. CFR part 4. These regulations allow the three other growers in the states of establishment of definite American Virginia, Pennsylvania, and Michigan Par. 2. Section 4.91 is amended by viticultural areas (AVAs). The have planted this variety. Dornfelder adding the name "Dornfelder," in regulations also allow the name of an alphabetical order, to the list of prime plants have been offered for sale by approved viticultural area to be used as American Nursery, located in California grape names, to read as follows: an appellation of origin in the labeling and Virginia, since 1996. §4.91 List of approved prime names. and advertising of wine. Notice No. 883 On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR In Notice 883, published March 9, Dornfelder 56692), which added a new part 9 to 27 2000, ATF proposed to add the name CFR, providing for the listing of "Dornfelder" to the list of approved approved AVAs. Section 4.25a(e)(1), prime names in § 4.91. No comments Bradley A. Buckles, title 27, CFR, defines an AVA as a were received. Because sufficient Director. delimited grape-growing region evidence was provided to satisfy the Approved: August 11, 2000. distinguishable by geographical § requirements under 4.93, ATF is John P. Simpson, features, the boundaries of which have amending § 4.91 to include Deputy Assistant Secretary,(Regulatory, been delineated in subpart C of part 9. "Dornfelder" in the list of approved Tariff and Trade Enforcement). Section 4.25a(e)(2) outlines the prime names for grape varieties. [FR Doc. 00-31486 Filed 12-13-00; 8:45 am] procedure for proposing an AVA. Any 3. Regulatory Analyses and Notices BILLING CODE 4810-31-P interested person may petition ATF to establish a grape-growing region as a Does the PaperworkReduction Act viticultural area. The petition should Apply to This FinalRule? DEPARTMENT OF THE TREASURY include: The provisions of the Paperwork (a) Evidence that the name of the Reduction Act of 1995, 44 U.S.C. Bureau of Alcohol, Tobacco and proposed viticultural area is locally Chapter 35, and its implementing Firearms and/or nationally known as referring to regulations, 5 CFR part 1320, do not the area specified in the petition; apply to this notice because no 27 CFR Part 9 (b) Historical or current evidence that requirement to collect information is [T.D. ATF-434; Re: Notice No. 874] the boundaries of the viticultural area proposed. are as specified in the petition; RIN 1512-AA07 How Does the RegulatoryFlexibility Act (c) Evidence relating to the Apply to This FinalRule? Applegate Valley Viticultural Area geographical features (climate, soil, elevation, physical features, etc.) which It is hereby certified that this [99R-112P] distinguish the viticultural features of regulation will not have a significant AGENCY: Bureau of Alcohol, Tobacco the proposed area from surrounding economic impact on a substantial and Firearms (ATF), Department of the areas; number of small entities. This Treasury. (d) A description of the specific regulation will permit the use of the ACTION: Final rule, Treasury decision. boundaries of the viticultural area, grape varietal name Dornfelder. No based on features which can be found negative impact on small entities is SUMMARY: The Bureau of Alcohol, on United States Geological Survey expected. No new requirements are Tobacco and Firearms (ATF) is (U.S.G.S.) maps of the largest applicable proposed. Accordingly, a regulatory establishing a viticultural area located scale; and flexibility analysis is not required. within the State of Oregon, to be known (e) A copy of the appropriate U.S.G.S. Is This a Significant RegulatoryAction as "Applegate Valley." The petition for map(s) with the boundaries prominently as Defined by Executive Order 12866? this viticultural area was filed by Mr. marked. Barnard E. Smith, President, The This is not a significant regulatory Academy of Wine of Oregon Inc. ATF Petition action as defined by Executive Order believes that the establishment of ATF has received a petition from Mr. 12866. Therefore, a regulatory viticultural areas and the subsequent assessment is not required. Barnard E. Smith, President, The use of viticultural area names as Academy of Wine of Oregon Inc., 4. Drafting Information appellations of origin in wine labeling proposing to establish a viticultural area The principal author of this document and advertising allows wineries to within the State of Oregon, to be known is Jennifer Berry, Regulations Division, designate the specific areas where the as "Applegate Valley." The viticultural Bureau of Alcohol, Tobacco, and grapes used to make the wine were area is located entirely within the Rogue grown and enables consumers to better Firearms. Valley AVA. The viticultural area is in identify the wines they purchase. Josephine and Jackson Counties. Mr. List of Subjects in 27 CFR Part 4 EFFECTIVE DATE: February 12, 2001. Smith believes that Applegate Valley is Advertising, Consumer Protection, FOR FURTHER INFORMATION CONTACT: Tim a widely known name for the petitioned Customs duties and inspections, DeVanney, Regulations Division, (202- area, that the area is well defined, and Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations 78097 that the area is distinguished from other Geographical Features Pollard and Takilma. Based on this soil areas by its soil and climate. analysis, the Applegate Valley and Bear Evidence of Boundaries and Creek Valley vineyards have three The Applegate Valley has been a Topography grape-growing region since 1870 when principal soil series in common: Central The boundaries of the viticultural area Point, Ruch and Shefflein. It is also A. H. Carson began planting 30 acres of are within Jackson and Josephine grapes along North Applegate Road. apparent that Illinois Valley and Counties in the State of Oregon. The Applegate Valley vineyards have one There are now 23 vineyards in the area is entirely within the Rogue Valley principal soil series in common, Kerby. valley. In the original petition, Mr. viticultural area. The Rogue Valley Soil types in the Applegate Valley are Smith noted there were six bonded viticultural area has three distinct generally granite in origin as opposed to wineries and 235 acres of grapes in the subregions: Applegate Valley and two the volcanic origin of the Cascade proposed area. Since the publication of other valleys that have not been Mountains to the east. Most of the the notice, the petitioner amended his designated as AVAs, Illinois Valley and Applegate Valley vineyards are planted statement regarding the number of Bear Creek Valley. The Illinois Valley on stream terraces or alluvial fans bonded wineries: there are four bonded lies to the west of the Applegate Valley providing deep well-drained soils. The wineries in the Applegate Valley. One and Bear Creek Valley lies directly to leaching of the more basic soil commentor provided an acreage update the east of the AVA. components found in the Illinois Valley by stating that there are now over 340 The Applegate Valley is have left the soil slightly more acidic acres that have been planted to grapes approximately 50 miles long, running than the soils in the Applegate Valley. within the Applegate Valley. from its southeast origins near the The soils to the east of Applegate Valley California border, in a generally near Bear Creek Valley tend to be less Notice of Proposed Rulemaking northwest direction, to where it joins acidic than the soils in the Applegate In response to this petition, ATF the Rogue River, just west of Grants Valley. Applegate Valley soils have a pH published a notice of proposed Pass. of between 6.1 and 6.5. In The Oregon Applegate Valley is surrounded by the Winegrape Growers' Guide, Ken rulemaking, Notice No. 874, in the Siskiyou Mountains. The Siskiyou Federal Register on May 6, 1999 [64 FR Browning writes that a pH of 6.0 to 6.5 Mountains are believed to have been is ideal for desirable microbiological 24308], proposing the establishment of created in the Jurassic period by up- the Applegate Valley viticultural area. activity, nutrient availability, and thrusts of the ocean floor as a plate nutrient balance. The notice requested comments from forced its way under the continental interested persons by July 6, 1999. shelf. To Applegate Valley's east and Climate Name Evidence south is the Rogue River National The natural geographic boundaries of Forest. To its west is the Siskiyou the Applegate Valley provide for its ATF found that usage of the name National Forest. Both of the National distinct climate in terms of rainfall, Applegate Valley is well established. Forests' boundaries have been identified degree-days and temperature. There are many businesses, by the U.S. Forest Service and were Specifically, the Siskiyou Mountains organizations and at least one used to identify the boundaries of the separate the Applegate Valley's western community event (the Applegate Valley Applegate Valley AVA where side from the Illinois Valley and its Harvest Festival), that employ the use of appropriate.
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